Senate Bill sb1220c2

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    Florida Senate - 2003                    CS for CS for SB 1220

    By the Committees on Comprehensive Planning; Judiciary; and
    Senators Fasano, Lynn and Argenziano




    316-2273-03

  1                      A bill to be entitled

  2         An act relating to the sale of real property;

  3         requiring disclosures by nondeveloper owners of

  4         real property in deed-restricted communities;

  5         amending s. 689.26, F.S.; requiring disclosures

  6         to prospective parcel owners in a community;

  7         providing an effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Nondeveloper owner disclosure of property

12  in deed-restricted communities prior to sale; voidability.--

13         (1)(a)  An owner of real property in a deed-restricted

14  community who is not a developer of the property shall comply

15  with the provisions of this section prior to the sale of the

16  property.  Each prospective purchaser who has entered into a

17  contract for the purchase of property shall be provided, at

18  the seller's expense, with a current copy of the recorded deed

19  restrictions that apply to the property.

20         (b)  "As used in this section, the term

21  "deed-restricted community" means a platted subdivision in

22  which the land therein is governed by restrictive covenants

23  and where such restrictions are recorded in the county in

24  which the land is located and are enforceable either by the

25  homeowners' association created for that subdivision or by

26  owners of lots in the subdivision.

27         (2)  A person licensed under part I of chapter 475 who

28  provides to or otherwise obtains for a prospective purchaser

29  the documents described in this section is not liable for any

30  error or inaccuracy contained in the documents.

31  

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    Florida Senate - 2003                    CS for CS for SB 1220
    316-2273-03




 1         (3)  Each contract entered into after July 1, 2003, for

 2  the resale of property in a deed-restricted community must

 3  contain in conspicuous type either:

 4         (a)  A clause that states:  THE BUYER HEREBY

 5  ACKNOWLEDGES THAT THE BUYER HAS BEEN PROVIDED A CURRENT COPY

 6  OF THE DEED RESTRICTIONS FOR THE COMMUNITY MORE THAN 3 DAYS,

 7  EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO

 8  EXECUTION OF THIS CONTRACT; or

 9         (b)  A clause that states:  THIS AGREEMENT IS VOIDABLE

10  BY THE BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S

11  INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS,

12  SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF

13  THIS AGREEMENT BY THE BUYER OR RECEIPT BY THE BUYER OF A

14  CURRENT COPY OF THE DEED RESTRICTIONS FOR THE COMMUNITY,

15  WHICHEVER OCCURS LATER. ANY PURPORTED WAIVER OF THESE

16  VOIDABILITY RIGHTS HAS NO EFFECT. THE BUYER MAY EXTEND THE

17  TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS,

18  EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE

19  DATE ON WHICH THE BUYER RECEIVES THE DEED RESTRICTIONS. THE

20  BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT

21  CLOSING.

22         (4)  A contract that does not conform to the

23  requirements of this section is voidable at the option of the

24  purchaser prior to closing.

25         Section 2.  Section 689.26, Florida Statutes, is

26  amended to read:

27         689.26  Prospective purchasers subject to association

28  membership requirement; disclosure required; covenants;

29  assessments; contract voidability.--

30         (1)(a)  A prospective parcel owner in a community must

31  be presented a disclosure summary before executing the

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    Florida Senate - 2003                    CS for CS for SB 1220
    316-2273-03




 1  contract for sale.  The disclosure summary must be in a form

 2  substantially similar to the following form:

 3  

 4                        DISCLOSURE SUMMARY

 5                                FOR

 6                        (NAME OF COMMUNITY)

 7  

 8         1.  AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU

 9  (WILL) (WILL NOT) WILL BE OBLIGATED TO BE A MEMBER OF A

10  HOMEOWNERS' ASSOCIATION.

11         2.  THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE

12  COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN

13  THIS COMMUNITY.

14         3.  YOU (WILL) (WILL NOT) WILL BE OBLIGATED TO PAY

15  ASSESSMENTS TO THE ASSOCIATION. YOU (WILL) (WILL NOT) BE

16  OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE

17  MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL, WHICH

18  ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.

19         4.  YOUR FAILURE TO PAY SPECIAL THESE ASSESSMENTS OR

20  ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION

21  COULD RESULT IN A LIEN ON YOUR PROPERTY.

22         5.  THERE (IS) (IS NOT) AN OBLIGATION TO PAY RENT OR

23  LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED

24  FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS'

25  ASSOCIATION.  (If such obligation exists, then the amount of

26  the current obligation shall be set forth.)

27         6.  THE RESTRICTIVE COVENANTS (CAN) (CANNOT) BE AMENDED

28  WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR, IF NO

29  MANDATORY ASSOCIATION EXISTS, PARCEL OWNERS.

30         7.  THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM

31  ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER,

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    Florida Senate - 2003                    CS for CS for SB 1220
    316-2273-03




 1  YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION

 2  GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY.

 3         8.  THESE DOCUMENTS ARE MATTERS OF PUBLIC RECORD AND

 4  CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE

 5  PROPERTY IS LOCATED.

 6  DATE:                                               PURCHASER:

 7                                                      PURCHASER:

 8  

 9  The disclosure must be supplied by the developer, or by the

10  parcel owner if the sale is by an owner that is not the

11  developer.  Any contract or agreement for sale shall refer to

12  and incorporate the disclosure summary and shall include, in

13  prominent language, a statement that the potential buyer

14  should not execute the contract or agreement until they have

15  received and read the disclosure summary required by this

16  section.

17         (b)  Each contract entered into for the sale of

18  property governed by covenants subject to disclosure required

19  by this section must contain in conspicuous type a clause that

20  states:

21  

22         THIS AGREEMENT IS VOIDABLE BY BUYER BY

23         DELIVERING WRITTEN NOTICE OF THE BUYER'S

24         INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING

25         SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER

26         THE DATE OF EXECUTION OF THIS AGREEMENT BY THE

27         BUYER. ANY PURPORTED WAIVER OF THESE

28         VOIDABILITY RIGHTS HAS NO EFFECT. THE BUYER'S

29         RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT

30         CLOSING.

31  

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    Florida Senate - 2003                    CS for CS for SB 1220
    316-2273-03




 1         (c)  A contract that does not conform to the

 2  requirements of this subsection is voidable at the option of

 3  the purchaser prior to closing.

 4         (2)  This section does not apply to any association

 5  regulated under chapter 718, chapter 719, chapter 721, or

 6  chapter 723 or to a subdivider registered under chapter 498;

 7  and also does not apply if disclosure regarding the

 8  association is otherwise made in connection with the

 9  requirements of chapter 718, chapter 719, chapter 721, or

10  chapter 723.

11         Section 3.  This act shall take effect July 1, 2003.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                            CS/SB 1220

15                                 

16  Under the CS, a disclosure form providing notice of whether
    there is a requirement to be a member of a homeowners'
17  association and whether there is an obligation to pay
    assessments to a homeowners' association or a municipality
18  must be provided to all prospective purchasers of property in
    a residential area.
19  
    The committee substitute revises the disclosure requirements
20  that must be provided to prospective purchasers of real
    property. A contract for the sale of property governed by
21  covenants subject to disclosure under s. 689.26, F.S., must
    contain a voidability clause, in the same form as provided for
22  in the bill, and is voidable at the option of the purchaser
    prior to closing if it does not have such a clause.
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